November 06, 2023
A properly written divorce decree can create a separate property interest that won’t be part of the bankruptcy estate of a bankrupt spouse.
10th Circuit, New Mexico
October 20, 2023
An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.
5th Circuit
October 19, 2023
Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.
9th Circuit, Oregon
October 18, 2023
Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.
9th Circuit, California, California Eastern District
October 06, 2023
Bankruptcy Judge Alan Koschik declined to follow cases decided before Congress amended Section 522(f) to preclude avoiding judicial liens securing domestic support obligations.
6th Circuit, Ohio, Ohio Northern District
October 03, 2023
The Second Circuit found discretion to avoid a constructively fraudulent transfer of exempt property that would have enabled the debtor to pay her creditors in full.
2nd Circuit
